Vide General Circular No. 12/2021 dated 30th June, 2021 MCA has decided that In case of CHG – 1 & CHG – 9 the period from 01.04.2021 till 31.07.2021 shall not be reckoned for the purpose of counting the number of days under section 77 & 78 of the Act.
In line with the extension provided in General Circular 12/2021 issued by the Ministry of Corporate Affairs, Additional Fee/Ad valorem fee in respect of Charge documents viz. CHG-1 and CHG-9 shall be calculated after excluding No. of days between 01st April 2021 to 31st July 2021 based on the event date entered in the form.
Also Read: MCA extends time for filing of certain forms to 31st July, 2021
Analysis by ICAI
In view of the continued impact of CoVID-19, the Ministry of Corporate Affairs vide its circular no 12/2021 dated 30.06.2021 has further granted relief in respect of filing of forms related to creation/modification of charges under the Companies Act, 2013 by extending the timelines as specified in earlier circular no 07/2021 dated 03.05.2021.
Accordingly, the figures “31.05.2021” and “01.06.2021” wherever they appear in the aforesaid previous circular has been substituted with “31.07.2021” and “01.08.2021” respectively.
Therefore, now relaxation has been provided in respect of filing of form CHG-1 and CHG-9 by a company or charge holder, where the date of creation/modification of charge:
- is before 01.04.2021, but the timeline for filing such form had not expired u/s 77 of the Act as on 01.04.2021, or
- falls on any date between 01.04.2021 to 31.07.2021 (both dates inclusive)
Further, the period from 01.04.2021 to 31.07.2021 shall not be reckoned for the purpose of counting the number of days for filing e-form CHG-1 and CHG-9.
Moreover, it is to be noted that the rest of the requirements as stated in the circular no 07/2021 shall remain the same and the aforesaid extension shall be without prejudice to any belated filings that may have already been made along with additional fees/advalorem fee.
General Circular No. 12/2021
e-File No.02/01/2021-CL-V
Government of India
Ministry of Corporate Affairs
5th Floor, ‘A’ Wing, Shastri Bhawan,
Dr. R. P. Road, New Delhi-110001.
Dated: 30th June, 2021
To
The DGCoA,
All Regional Directors,
All Registrars of Companies,
All Stakeholders.
Subject: Relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013- Extension of time- reg.
Sir/Madam,
In continuation of this Ministry’s General Circular No.07/2021 dated 03.05.2021 on the captioned subject cited and after due examination of the requests received from stakeholders, it has been decided to substitute the figures “31.05.2021” and “01.06.2021” wherever they appear in the said circular with the figures “31.07.2021” and 01.08.2021″ respectively.
2. The other requirements as mentioned in the said circular shall remain unchanged and this Circular shall be without prejudice to any belated filings that may have already been made alongwith additional fees/adva/orem
3. This issues with the approval of the competent authority.
Yours faithfully,
(KMS Narayanan)
Deputy Director (Policy)
Copy forwarded for information to:-
1. e-governance section and web contents officer to place the circular on MCA website and
2. Guard file.
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